A/HRC/7/26
Page 14
detained without cause and that detainees were allowed access to legal representation. The
independent expert was urged to advocate with TFG officials the expansion of this system to the
remaining prisons, to which he agreed. He learned that police trainees from all over Somalia
attended the police academy in “Puntland” where they were trained in human rights, code of
conducts and rules of engagement. It was also noted that United Nations training did not provide
for arms training which presented a major challenge given the security environment in which
heavy weaponry was widely used. One solution proposed was training and provision of
equipment by bilateral partners.
51.
The independent expert maintains that while some slow progress is being made with
respect to police training and establishing of some courts in Somalia, the building of key state
institutions with the rule of law and human rights as their cornerstone must be emphasized,
strengthened and strongly supported by the international community.
52.
In addition, Somalia’s Transitional Federal Charter contains positive human rights
provisions, including specific reference to international human rights treaties ratified by Somalia;
however, implementation of these provisions is severely lacking. It is clear that the TFIs are
severely hampered in their ability to protect civilians and provide even the most basic services
such as health, education, justice and security. The independent expert feels that the drafting of
the national constitution will be an important next step in building such a legal framework with
strong provisions for the protection of human rights.
53.
During his mission, the independent expert was briefed by various sources about the
intense violence and allegations of serious violations of human rights which had occurred in
Mogadishu over the past year. As he has done in the past, he strongly urged for the investigation
of all human rights abuses committed in Somalia, past and present. He also called for justice and
accountability, so that Somalia's fragile peace will not be built on impunity.
IV.
INTERNALLY DISPLACED PERSONS
54.
According to United Nations estimates close to 600,000 people fled Mogadishu and
surrounding areas in the past year due to the fighting. This figure is in addition to the more than
400,000 IDPs already scattered around Somalia. Many of the displaced went to outlying areas
near Mogadishu, Lower and Middle Shabelle, as well as “Somaliland” and “Puntland” and
beyond. It was raised during meetings with the independent expert that it appeared that many
Hawiye clans had displaced further inland returning to claimed places of origin or ancestral
lands.
55.
Many of the people in IDP camps, when asked, stated that they would opt to return to
their homes, if they were able to do so. However, difficulties associated with ancestral lands
often prevented this. While many IDPs claimed to originate from a certain ancestral area, they
had not in fact lived on that land for generations and often discovered that other people had been
residing on these lands for a long period of time.
56.
It was also discussed that the large numbers of IDPs had resulted in several unofficial
IDP settlements being established. For example, on the road between Afgooye and Marka, there
was an IDP settlement every 100 metres. These settlements were not acknowledged by the
authorities and as a result displaced persons there received little or no humanitarian assistance.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents